Court No. - 32
Case :- WRIT - C No. - 10032 of 2020 Petitioner :- Shambhu Nath Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Yadvendra Mani Mishra,Suraj Pandey Counsel for Respondent :- C.S.C.,Jitendra Kumar Mishra,Lok Nath Shukla,Sunil Kumar Singh
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Suraj Pandey, learned counsel for the petitioner, learned Standing Counsel for the respondents-State and Sri Lok Nath Shukla, learned counsel for all the private respondents.
This writ petition has been filed assailing the order dated 05.11.2019 passed by the Sub Divisional Magistrate, Tehsil- Madhiyahun, District-Jaunpur on the ground that the order impugned has been passed on the administrative side while the proceedings under Section 229-B are pending before the Sub Divisional Officer and the respondent no.2 could not have passed the order on the administrative side on the application moved by the private respondents.
Sri Lok Nath Shukla, learned counsel for the private respondents could not dispute the fact that the said application was moved on the administrative side and the order has been passed by the respondent no.2 on the administrative side. He, however, does not dispute the fact that the suit under Section 229-B of U.P.Z.A.& L.R. Act is pending consideration before the Sub Divisional Officer.
Having heard learned counsel for the parties and from perusal of the record, it is clear that once it is an admitted fact that suit for declaration under Section 229-B is pending before the Revenue Court, the respondent no.2 could not have entertained any application on the administrative side and could not have passed the said order.
In view of the above, the writ petition stands allowed and the order dated 05.11.2019 is hereby quashed.
Order Date :- 30.9.2021 SK Goswami